Construction

Ours is the largest construction practice group in the Midwest. Rated the top construction practice in Ohio and nationally recognized as a leading practice, we are deeply experienced in all aspects of construction from project inception to final construction. We provide front-end services such as conceptualization, negotiation and drafting of construction documents; negotiation of design professional agreements; and project management consulting on a wide variety of projects. We are nationally recognized for our ability to resolve claims through mediation, arbitration or litigation.

Construction: Additional Information

One of the most experienced construction practices in North America, we represent owners, design professionals, construction managers, contractors and sureties in connection with all facets of the building industry. We have served as transactional construction project counsel for billions of dollars of construction at sites across the United States, including many significant stadium and arena projects for MLB, NBA, NFL, NHL, university and minor league teams, as well as hospitals, pipelines, processing plants, schools, universities, office towers, hotels, and other commercial, industrial and institutional developments. In conjunction with Project Management Consultants (PMC), a wholly owned ancillary consulting practice, our construction consulting group consists of a team of professionals with extensive experience in design and construction management, and provides unique services such as partnering facilitation, mediation and construction process consulting on hundreds of projects throughout the United States.

For example, we played a principal role, both with respect to transactional and advocacy work, in connection with the planning, development and construction by the Portland Natural Gas and Transmission System, an interstate natural gas pipeline company, of an approximately 150-mile natural gas pipeline that services gas utilities, paper mills and electric generation plants throughout New England. Our role included conceptualizing and developing the project delivery method; preparing and negotiating design and construction documents, including the EPC agreements with the two major contractors; preparing and reviewing bidding documents and consulting contracts and agreements; negotiating the operating agreement between the owners and operator; advising on environmental, right-of-way acquisition and related real estate and regulatory issues; preparing and developing the insurance/risk management program for implementation of a comprehensive risk management program for the project; and defending the ownership in two major arbitrations arising out of construction disputes. In conceptualizing the project delivery method, our lawyers brought new ideas to the consortium of owners that saved them millions of dollars due to the imposition of cost guarantees that were later contested but upheld.

Representative Experience

Representing the fabricator of complex steel roof trusses in an arbitration involving more than $2 million in claims against a steel subcontractor on the new American Airlines terminal at JFK International Airport.

Representing the design builder in claims for additional cost beyond the guaranteed maximum price on a $100 million school project. The project had a guaranteed maximum price and involved renovations and additions to 21 schools throughout a large municipal school district.

Mediating claims of the design build contractor who had claims against the owner on the Dayton Dragons minor league baseball stadium in Dayton, Ohio.

Litigating a three-week jury trial for a contractor with claims against a municipal wastewater authority involving multimillion dollar claims on a large renovation and replacement project at a 60 mgd wastewater treatment facility.

Mediating the subcontractor pass-through claims of a micro-tunneling subcontractor from the west coast on an environmentally sensitive sewer river crossing project in Delaware County, Ohio. The pass-through language in the subcontract drafted by our lawyers had a significant impact on how the case proceeded and how it was eventually settled.

Litigating a jury trial on behalf of a site-work and utility contractor with claims against a private developer on a large regional mall project in central Ohio. We litigated the matter to a jury verdict on claims involving differing site conditions, extra work and delay claims, including a unique delay claim that involved unabsorbed home office overhead claims relating to delay in starting the project before a contract was even signed.

Concluding a case for a contactor with claims against one of the Big Three automotive manufacturers arising out of claims involving the construction of a 2.5-million-gallon chilled water tank at an existing general assembly plant. Issues involved allegations of the contractor failing to protect more than 700 finished vehicles in an adjacent lot that were damaged by fallout debris that was allegedly from the construction operations.

Mediating a case to conclusion on behalf of a contractor who had a contract to erect four heat recovery steam generators on a new power plant in southern Indiana. Our client was engaged to erect the HRSGs using materials supplied by a boiler manufacturer who went bankrupt during the course of the project. The claims involved allegations of defective materials and parts that were shipped from Korea that were months behind schedule. We mediated the case against Fluor Daniel, who was the program manager for the overall project, and the owner, a private utility out of New Jersey.

Awaiting a decision on an arbitration award for a general contractor client involving complex claims on the construction of a world renowned art museum project. The arbitration proceeded for four weeks over a six-month period and involved claims surrounding the unusual design of the structural steel system for the project that resulted in excessive deflection of steel members and eventually a costly in-situ heat cambering of members. Glass deliveries from South China added to the delays, culminating in over $3.5 million in claims by the contractor and its subcontractors against the museum.

Arbitrating a two-week, $1 million claim by a golf course contractor against owner client, limiting recovery to under $25,000.

Litigating a three-week trial before the Ohio Court of Claims regarding inefficiency and delay on a multi-prime public works project.

Representing an electric utility in claims before the Armed Services Board of Contract appeals involving unilateral contract changes made by the Army at West Point in a government contract. Resulted in the Army issuing modification to void original change abinitiio and establish acceptable utility rates for client.

Representing an international design/construction firm as a subcontractor in a pass-through claim against the United States Army Corps of Engineers on the Spillway 155A Project. Negotiated favorable settlement with the Corps during mediation in West Palm Beach, resulting in contract modification of nearly $500,000.

Representing a builder asserting a $12 million claim for additional compensation relating to design changes in connection with major university dormitory complex.

Representing multiple contractors with respect to millions of dollars of delay claims in connection with construction of a high-rise federal courts building (resolved through consolidated mediation of various cases pending in U.S. Court of Claims and Board of Contract Appeals).

Representing the prevailing heavy highway contractor in establishing a right to recover the reasonable value of (unabsorbed) home office overhead during a period of construction delay and shutdown in a case confirmed by Ohio Supreme Court.

Representing a bridge contractor against the West Virginia Department of Highways on several projects involving defective bridge design and associated construction cost increases and delays.

Obtaining a $2.5 million arbitration award for claims arising from the construction of major systems in an operating steel mill.

Defending a $20 million claim against a general contractor for delay and defective work relating to construction of a Fortune 500 corporate headquarters and prosecuted $10 million counterclaim for contract balance and extra work/delay claim.

Obtaining a multimillion dollar judgment for a general trades contractor for delays and cumulative impact resulting from inadequate design on a major university construction project (reversed on appeal to Ohio Supreme Court).

Defending a major engineering firm against claim for defective design of wastewater treatment plant.

Representing a government contractor in protest of State Department award of labor-hours contract for services in Iraq.

Representing a construction manager in $30 million delay and disruption claim asserted by a contractor arising out of a highway reconstruction project.

Representing contractors with bid protests on public construction projects.

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